McGinty v. Warner
Supreme Court of Minnesota
This action was removed from a justice court to the district court for Steele county, upon questions of both law and fact, and was dismissed by the district court on motion of the defendant (who appeared specially,) for want of jurisdiction. The plaintiff appeals from the order of dismissal. The case is fully stated in the opinion.
1Opinion of the Court
By the Court.
Ripley Ch. J.
Beers,' city justice of Owatenna, before whom this action was pending, on defendant’s motion and affidavit, transferred it under Gen. Stat., ch. 65, sec. 18, to Bliss, a justice of the peace of Owatonna, before whom plaintiff appeared generally, (and defendant specially, and moved that the action be dismissed, because “ the certificate of justice Beers is insufficient to confer jurisdiction.” The said certificate attached to the transcript of Beers’ docket received by Bliss, to which the papers in the action were annexed, except the affidavit which for some…
2Cases cited2 opinions
- Rahilly v. LaneSupreme Court of Minnesota · 1870
- Barnes v. HoltonSupreme Court of Minnesota · 1869
3Cited by1 opinion
- Barber v. KennedySupreme Court of Minnesota · 1872